Swaziland: ICJ condemns the conviction of celebrated human rights lawyer and prominent journalist on charges of contempt of court

The ICJ is appalled by the decision of the High Court in Swaziland to convict Thulani Rudolph Maseko and Bheki Makhubu on contempt of court charges.

The Court’s ruling and events that transpired before it fall short of Swaziland’s international obligations to respect the rights to freedom of expression and fair trial, the ICJ says.

Charges brought against Thulani Maseko and Bheki Makhubu emanate from articles published in February and March 2014, in which they questioned circumstances surrounding the arrest of government vehicle inspector, Vincent Gwebu.

The right of freedom of expression is a right which is foundational to free societies.

Its respect is recognized as a necessary condition for the realization of transparency and accountability that are essential for the promotion, protection and realization of human rights.

It includes the right to impart information to others in almost any form. It covers both facts and opinions.

It protects, subject to carefully prescribed and narrowly interpreted restrictions, not only the substance of ideas or information expressed, but also the tone or manner in which they are conveyed.

The conviction of Thulani and Bheki shows that the law as implemented in Swaziland does not adequately protect the right to freedom of expression and that it unduly shields the courts from public scrutiny.

The ICJ and others have consistently raised concern that the arrest of the two human rights defenders, their detention and proceedings against them were inconsistent with international standards.

The legality of the arrest, detention and charges against Thulani Maseko and Bheki Makhubu were successfully challenged before High Court Judge Mumcy Dhlamini, resulting in their release from custody for two days.

However, the men were rearrested and detained when the State appealed Judge Mumcy Dhlamini’s ruling. But were retained in custody when the two had cross-appealed that decision.

Their trial was also been characterized by numerous, often-long postponements.

This has meant that the two have spent more than 4 months in custody for an offence that ordinarily carries a 30-day sentence.

The High Court’s ruling raises concern about the ability and willingness of the authorities in Swaziland to safeguard the fundamental right to freedom of expression and guarantee in the circumstance the right to a fair trial before an independent and impartial court.

It raises the prospect that in the absence of the right to an effective appeal before an independent and impartial court, Thulani Maseko and will be forced to seek redress through regional or international mechanisms.

In the circumstances, the ICJ recommends that the authorities of Swaziland review the law governing criminal contempt of court and its implementation and bring them into line with international standards guaranteeing freedom of expression.

The ICJ further recommends that Thulani and Bheki be immediately released from custody on the basis of time already spent in custody.

Last Friday, the company director at the Kang-Fa textile factory in Swaziland issued suspension notices to 30 female staff. The suspensions came after employees had struck the previous day over a number of demands.

The 30 workers targeted for suspension, all members of the works committee, refused to accept the notices and instigated another picket at the factory. Armed police were called.

Among the list of grievances is the non-payment of layoff allowances that were promised and back pay of salary increments that should have been paid from March. A worker said they would take their case to the General Alliance of Workers Union of Swaziland, which legally represents textile workers and others working in the private sector.

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Swazi sugar workers strike

Another strike is to take place at the Illovo Sugar Plantation in Swaziland after three employees were sacked after leading a month-long strike barely a month ago. Other workers targeted by the company are also threatened with disciplinary action.

All the company workers supported strike action to force the company to retreat. The workers are represented by the Swaziland Agricultural and Plantation Workers Union (SAPWU), which is taking the strike to the Conciliation, Mediation and Arbitration Commission (CMAC) to be ratified.